Page:United States Statutes at Large Volume 119.djvu/1750

 119 STAT. 1732

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PUBLIC LAW 109–59—AUG. 10, 2005

section if the Secretary determines that the State requirement is as effective as the Federal requirement and does not unduly burden interstate commerce. ‘‘(B) APPLICATION REQUIRED.—Subparagraph (A) applies to a State requirement only if the State applies to the Secretary for a determination under this paragraph with respect to the requirement before the date on which the regulations issued under this section take effect. The Secretary shall make a determination with respect to any such application within 6 months after the date on which the Secretary receives the application. ‘‘(C) AMENDED STATE REQUIREMENTS.—Any amendment to a State requirement not preempted under this subsection because of a determination by the Secretary under subparagraph (A) may not take effect unless— ‘‘(i) it is submitted to the Secretary before the effective date of the amendment; and ‘‘(ii) the Secretary determines that the amendment would not cause the State requirement to be less effective than the Federal requirement and would not unduly burden interstate commerce. ‘‘(f) DEFINITIONS.—In this section, the following definitions apply: ‘‘(1) INTERMODAL EQUIPMENT.—The term ‘intermodal equipment’ means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis. ‘‘(2) INTERMODAL EQUIPMENT INTERCHANGE AGREEMENT.— The term ‘intermodal equipment interchange agreement’ means the Uniform Intermodal Interchange and Facilities Access Agreement or any other written document executed by an intermodal equipment provider or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the intermodal equipment. ‘‘(3) INTERMODAL EQUIPMENT PROVIDER.—The term ‘intermodal equipment provider’ means any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment. ‘‘(4) INTERCHANGE.—The term ‘interchange’— ‘‘(A) means the act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider; but ‘‘(B) does not include the leasing of equipment to a motor carrier for primary use in the motor carrier’s freight hauling operations.’’. (b) CLERICAL AMENDMENT.—The analysis for such subchapter (as amended by sections 4116 and 4117 of this Act) is amended by adding at the end the following: ‘‘31151. Roadability.’’.

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